Information Commissioner Suzanne Legault outlined Friday her recommendations for what she argues is a much-needed modernization of Canada’s Access to Information Act.

Legault made the comments at an open data conference hosted by the Canadian Legal Information Institute at the University of Ottawa Friday, days after she told Global News that the access to information system is “busting.”

Legault reaffirmed her concerns about the 30-year-old Access to Information Act.

“Our current legislation, in my view, is tired, outdated and constricted by too many limitations,” she said.

Legault said that, generally speaking, there are two problems with the current access to information system.

First, she said information is different today than it was in 1983, when the Access to Information Act was introduced in Canada.

“When the Act was introduced, information was considerably different from today. It was paper-based, composed mostly of handwritten and typed files,” said Legault. “Today, virtually all government information is electronic or digital.”

Legault said that given the shift towards electronic information, the amount of data has increased dramatically and the Act has not been able to keep up with this increase in information, especially when it comes to tracking information on smartphones.

“Instant messages … represent a challenge for access to information since messages do not generally go through a department’s host telecommunications carriers’ networks, bypassing the departments’ corporate servers,” said Legault. “Unless a government official makes a conscious effort to record that information somewhere else, it is potentially lost to the public.”

Second, Legault expressed concern about recent changes in government management and administration. She said that 30 years ago, the federal government was made up of a small number of departments and agencies. But the increase in number and intracacies of those departments and agencies, as well as the centralization of the control of policy decision making at the political level, has complicated the access to information process.

Legault said both of these issues have amounted to an unusual 50 per cent increase in complaints to her office since April 1. Recent news reports also revealed that the RCMP has stopped responding to people using the ATIP law, while the Department of National Defence is still working on a request it said it would require more than 1,100 days to complete.

“The Access to Information Act is not being respected. Its legal obligations are not being met, so doing our best is just not enough,” said Legault.

Legault made a series recommendations for modernizing the system Friday:

That the Information Commissioner have order-making power.

That there be mandatory periodic reviews of the Act, outside the cycle of elected officials and elections.

That many exemptions in the Act be reviewed in favour of increased disclosure.

That the office have the mandate to provide education about the Act.

That the duty to create records be specifically legislated, especially in light of new technological developments.

That exclusions under the Act be revisited, including cabinet confidences, to ensure there is an independent review of government decisions.

That the Act be extended to cover Parliament, minsiters’ offices and administration.

Legault said she will bring forth a number of these recommendations later this year.

“Canada was once a leader in the area of access to information. And so it is time for us to restore that lead once again.”